Attorney Removal

[kittien2000]

What is the name of your state?What is the name of your state? California
I have had multiple problems with my attorney not answering calls, emails and bad communication. He was supposed to have my Order after hearing done 3 months ago and still has not completed it. I have asked him to compile a Parenting Plan also, which he has never done. He has contacted opposing counsel for approval on doing things when I have told him that I do not want him to do that, just complete the documentation.

I gave him a date of Monday, December 19th, 2005, by email to complete all necessary paperwrok or I would be in his office to pickup my file. I do not have other counsel lined up as of yet. I called his office this morning and left a message stating I would be by tomorrow to pickup the file. His secretary called back with whom would I like to be substituted in for him, or would I be going in pro per(sp).

My question is this. He sent me a statement of $760. These charges were for contacting opposing counsel, drafting an Order, meeting with me for 1 hour, reviewing the file and email.
1. Opposing counsel contact. I specifically asked him to complete the Order after Hearing, not contact opposing counsel and ask her if he can go ahead and complete the Order.
2. Drafting an Order & Meeting with me. Opposing counsel submitted an Order for our review back in August. There were numerous mistakes on it and I met with my attorney for an hour, pointed out the mistakes (wrong birthdate, wrong name, wrong return time) we went over the transcript, he agreed that the mistakes would need correction. I asked him to draw up a Parenting Plan, (which I submitted to him by email), and to submit the corrected Order after Hearing and the Parenting Plan to opposing counsel. Approx. 3 months later he sent to me (after much effort on my part in contacting him) almost verbatim the same Order that opposing counsel sent to us. NONE of the mistakes were corrected. He billed me for the meeting time, review of file, drafting of order and email correspondence. I asked him once again to make the corrections and draw up the Parenting Plan. He responded with the corrections, but told me that he cannot include items in the Order that were not Ordered on the day in court.

So, finally my question. I am obviously done with this attorney. I have nothing signed by any Judge. What am I liable for in payment? He has not done anything that I asked, but instead has ignored my requests and done duplicate work of opposing counsel. I do not want my file to be held until I make payment. I want to either hire another attorney or do this by myself (scary as this is my child). What statue, rule etc. allows for me to have my file, if he threatens to withhold until payment is made.

 

[seniorjudge]

When you go pick up your file, tell him you don't owe him anything.

If he disagrees, then tell him to sue you.

Tell him his lawsuit will be heard by the same judge who hears your malpractice lawsuit.

 

[kittien2000]

I was so hoping that you would be the one to answer my questions!!
I want to hire another attorney but monies are restricted as I wasted over $3500 on this one. I would think that there is no way to recoup those monies but if there is what path should I take?
The ex's attorney has removed herself as attorney of record 2 weeks ago as the ex is related to the recent Judge that was removed from the bench on Los Angeles and I think she wants to distance herself as much as possible from the family. The ex is getting advice from the Ex-Judge and it is scary to go in pro per(sp) when a childs future is at stake and these people are not the most ethical and know all the legal ins and outs. I know that you or anyone else cannot give me recommendations of attornies but are there other resources that I can utilize to make sure that this is done correctly?
Thanks!

 

[seniorjudge]

http://www.childcarelaw.org/probono.cfm

http://www.pic.org/aboutlaac.htm

Try these folks; if they can't help, ask them if they know who can.

 

[kittien2000]

Thank you. Should I waste my time in pursuing litigation against this attorney for his conduct (or lack thereof) and report him to the state bar? Or just drop it and take it as a lesson learned?

 

[seniorjudge]

Thank you. Should I waste my time in pursuing litigation against this attorney for his conduct (or lack thereof) and report him to the state bar? Or just drop it and take it as a lesson learned?

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179

If it were me, I would report the scalawag but I would not sue him. (You really don't have damages beyond being really irritated.)

What you're describing is perhaps the number one complaint that disciplinary boards handle.

 

[kittien2000]

Thank you Judge!! Have a great holiday.

 

[stephenk]

" I asked him once again to make the corrections and draw up the Parenting Plan. He responded with the corrections, but told me that he cannot include items in the Order that were not Ordered on the day in court"

Were you asking him to include requests not ordered by the court?

 

[HomeGuru]

that's what I would also like to know.

 

[kittien2000]

No. I was asking him to draw up a separate document, ie, a Parenting Plan, thereby getting all the other necessary topics, such as Insurance coverage, holidays, extra-curricular activities on the table and hopefully bring about resolution, to present to opposing counsel for review. He had stated to me that he could not include in the Order after Hearing anything that was not actually ordered in the courtroom. Which I understand, but the kicker is that he wanted to include the provision that we would not garnish the father unless he was 30 days late with payment (father did not want garnishment, I did, my atty struck a deal with opposing counsel without my consent). That was never ordered.
He also wanted to include a name change for our son. That was never ordered.
It is clear that he wanted to do only wanted he wanted and to string me along with the next step, which he stated would be filing an OSC for trial. There was no need to do that as the father and I were in agreement for almost everything.
The Order after Hearing that was to be drawn up was very simple. Resolution of dog issue, step up visitation & child support. There had been discussion by the father & myself about finalizing everything and unfortunately my attorney never completed anything so we were left hanging with no Order after Hearing or anything else.
I have since last Friday picked up the file and I am now looking for new counsel, who will hopefully be able to draw up either a Parenting Plan that includes everything or a separate Order after Hearing and a Parenting Plan with all details in it. Any recommendations?

 

[stephenk]

How about having your ex's attorney draw up the order?

 

[kittien2000]

Hi Stephen,
Originally she was ordered to. After 6 months she submitted to my atty an Order that had 4 mistakes in it (not minor, name of child, birthdate, wait 30 days until garnishment, and re-worded Judge's words about dog dispute). She submitted it to my atty, after telling her client (the father) that she would not do anything until he paid her another $1000. This Order was 2 pages.

She then told the father that she was withdrawing from the case (see my earlier comment). I spoke with her on Friday and she stated that he signed one of the two lines necessary for her to withdraw. She states she is waiting for him to return the paperwork in order to file her notice of withdrawal.

The father is really not too worried about having anything done, has the attitude of "whatever". I want to have everything completed because
A:He was ordered to not have the minor child around his Rottweilers. He does have the child around dogs. Without an Order I cannot do anything about the dogs. Very scary situation.
B:He initiated the court proceedings, I was willing to work everything out previously by ourselves. I have now paid $3500 for nothing. Very frustrating.
C: There are things that I would like to have on paper, ie extra-cirricular activities, holidays, insurance, etc, that he has agreed upon but there is nothing in writing and he has not always followed through on his agreements or we would not be in the situation we are in.
I simply want to have a Parenting Plan done as most people have. Any help??

 

[stephenk]

Okay then, time to get another attorney.

 

[garrula lingua]

OP: Nolo Press, out of Berkely, CA has very good self-help books on doing your own divorce/paternity suit and custody agreements.
Learn how to represent yourself. Go to court, pull your file and go thru what was filed.
You can fire your atty, & file a Substitution of Atty form, making you the atty of record (in pro per-representing yourself).
File your own Order after Hearing.
You, and your ex can file, at any date, a stipulated (agreed to) parenting plan.
You will be dealing with your ex for many years; learn how to reduce your verbal agreements into court orders.
Save your money for your child's college fund.

If you feel you can't do that, read the books anyway. They will give you a better idea as to how the system works, and what to ask/expect of atty #2.

Maybe atty #1 was very reasonable and your expectations weren't ?? The system, itself, can be very confusing. Also, most people in emotional states, (accurately) hear about 25% of what an atty/Judge says.